in existence, and that the joint resolution was adopted under misapprehension of the facts, and that therefore there had been no legal designation of the company required by the act of congress of July 25, 1866. The resolution was urged in the interest of what afterwards was known as the Oregon Central of Salem, and the resolution passed the senate by a vote of fourteen in the affirmative and eight in the negative. The negative votes were cast by S. C. Adams, of Yamhill; T. R. Cornelius, of Washington; Binger Hermann, of Douglas; B. F. Holtzclaw, of Josephine; and H. C. Huston, of Lane; S. Ison, of Baker; C. M. Pershbaker, of Douglas, Coos and Curry; and B. F. Burch, of Polk. It is thus seen that the controversy became geographical, the west side senators voting as a unit, assisted by a scattering vote from other sections of the state. The action of the senate was communicated to the house on October 19; whereupon C. B. Bellinger, who, with Daniel Carlisle, of Benton, had contested the seats occupied by J. C. Alexander and R. A. Bensell, and who had been seated in place of Bensell, took active measures to secure the passage of the senate joint resolution. After a spirited contest, the house divided upon the same lines as the senate. The senate joint resolution finally passed, under which the Oregon Central Railroad Company incorporated April 22, 1867, became designated as the company entitled to the grant under the act of congress of July 25, 1866, and was the predecessor in interest of the present Oregon and California Railroad Company as to such grant. This controversy between these two rival railroads occupied the attention of the courts for several years, and was transferred from the legislative assembly to Washington, D. C. Mr. Joseph Gaston was one of the leading and moving spirits behind the Oregon Central Railroad Company, called the West Side Company.
